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THE ESTATE 

OF 

GEORGE WASHINGTON 

DECEASED 

A HISTORICAL AND LEGAL ACCOUNT OF HIS 
LAST WILL AND TESTAMENT AND THE 
ADMINISTRATION THEREOF, TO- 
GETHER WITH DOCUMENTS AND 
OTHER ILLUSTRATIONS 



BY 
EUGENE E. PRUSSING 

OF THE CHICAGO BAR 



1917 



Copyright, 19 16 

BY 

EUGENE E. PRUSSING 
All rights reserved 






TElx IKnkfcerbocbcr preee, 1Rew Liorfc 



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INTRODUCTION 

The last will and testament of General George Wash- 
ington, and the administration of his estate are subjects 
worthy of consideration and study, even at this date, not 
only by historians or lawyers, but by all laymen. Those 
interested in the disposition, management or ownership 
of considerable properties, and all others, will find there 
the example of a wise and capable citizen. 

Washington was one of the ablest of administrators, 
blessed with long experience, ample knowledge, clear and 
sound judgment, very careful of details, firm in getting 
what was his due, while generous to others, so that his 
every act, especially in so solemn a matter as the final 
provision for his beloved wife, family and slaves, was 
performed under conditions most favorable to security 
and efficient execution. 

What the substance of the will was, how it came to be 
made, by whom it was written, and when ; who the execu- 
tors were, (there were seven of them,) and why; of what 
the estate consisted, how long it took to administer it, 



what, if any, disputes arose thereunder, what record there 
was made ; and finally what was the history of the bene- 
ficiaries, purposes and property of the great Father of 
his Country, will not seem unimportant to the studious 
and patriotic mind. 

Even the plan to publish an exact copy of the will 
and the schedule which accompanied it, with some ex- 
planatory notes, proposed and carried out by Mr. A. 
Jackson, of Washington, D. C, in 1868, received from 
Chief Justice Chase the approving words, "You will do 
a good work. . . . His character cannot be too pro- 
foundly studied or his example too closely followed by 
his countrymen," and from Charles Sumner, the com- 
ment : ' ' The will of Washington is a remarkable document 
exhibiting his character as proprietor and paterfamilias 
and also revealing his best sentiments. Here will be 
found the emancipation of his slaves and that other 
testimony, when bequeathing his swords he enjoined 
that they should 'never be drawn except for self defence, 
or in defence of country or its rights.'" 

The familiar words of Colonel Henry Lee's eulogy — 
"First in war, first in peace, and first in the hearts of his 
Countrymen, he was second to none in the humble and 
endearing scenes of private life. Pious, just, humane, 
temperate and sincere ; uniform, dignified and command- 
ing, his example was as edifying to all around him 
as were the effects of that example lasting" — afford 



sufficient explanation for the attempt here made and the 
only apology needed is for the want of ability displayed. 

The purpose of the book is primarily to embody in 
convenient and attractive form the historical material 
relating to this important phase of Washington's life 
and character, which has thus far not received special 
attention, and in this way, help in satisfying in a meas- 
ure a just public interest and curiosity concerning it. 

A short sketch of Washington's family and his busi- 
ness affairs will be given, to place before the reader the 
conditions calling for his care, the objects of his bounty 
and the nature of the widespread fortune to which they 
were to succeed, which was of unusual magnitude, for 
Washington was reputed the first millionaire of the 
United States. 

A review of the general plan and the various provi- 
sions of the will, together with the schedule and valua- 
tion of his property and the explanatory notes which 
Washington appended, and which are here reproduced, 
will be followed by an account of the probate records 
and the Executors' sales and accounts which have for- 
tunately been preserved in the County Court of Fairfax 
County, Virginia, and the original ledger kept for the 
Executors by Lawrence Lewis, Washington's nephew. 

Some information has been gathered concerning the 
chief items of the estate, which consisted largely of vast 
tracts of land in Virginia, New York and Ohio. This 

5 



and some further relevant matters have been added to 
round out the tale. 

There are some peculiarities in Washington's will 
which distinguish it from the common run and entitle 
it to especial study. In it he emphasized his sense of 
the new Nationality which had just been founded in the 
creation of the United States of America, in the opening 
paragraph he describes himself as "of Mount Vernon, 
a citizen of the United States and lately President there- 
of " — no mention is made of Fairfax County, or of the 
State of Virginia. 

Despite his modest statement concerning the will, 
' ' In the construction of which it will readily be perceived 
that no professional character has been consulted, or 
has had any agency, " neither record nor legend of any 
dispute or litigation under it exists. 

Perhaps one reason for this may be because he evi- 
denced in it also his faith in arbitration as a method of 
settling differences. 

He required all possible controversies relating to his 
estate should be submitted to "three impartial and 
intelligent men, known for their probity and good under- 
standing" who "shall unfettered by Law or legal 
construction declare their sense of the Testator's inten- 
tion' ' ; which is the fundamental rule of the law of wills, 
though perhaps he knew it not. To make assurance 
doubly sure, he added, "and such decision is, to all 

6 



intents and purposes to be as binding on the parties as 
if it had been given in the Supreme Court of the United 
States." 

Washington anticipated the modern Trust Company 
by over fifty years, in appointing a group of seven persons, 
namely Mrs. Washington and his six nephews, as execu- 
tors of his will. The administration required thirty- 
three years because the last beneficiary survived so 
long, yet not a single purpose dependent on the executors 
failed of fulfillment. 

The wisdom of co-operative effort and judgment was 
thus signally demonstrated. 

These are but examples of the suggestions the careful 
reader will receive from this truly monumental docu- 
ment and the history it made. 

The most serious difficulty encountered in the present 
work was to keep from straying into the alluring by- 
paths constantly encountered in pursuit of the main 
course of the story. 



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